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By submitting an online
order form, or by using SiteOz’s service, Customer hereby agrees to the
following Acceptable Use Policy (AUP). Customer agrees that it shall
comply with and require its end users to comply with this AUP & SiteOz’s
Terms of Service (TOS). In this document, the word “Agreement,” with a
capital “A,” refers to the TOS, & AUP collectively.
1.
Introduction, Purpose and General Terms
1.1. This Web
site gives you the ability to learn about SiteOz and its products and
services as well as the ability to access our network and services
(“SiteOz Services”). By using this site, and any other sites or services
owned, operated, or provided by SiteOz, you signify your agreement to
the terms, conditions and notices of this policy. “You” when used in the
Agreement shall mean the SiteOz Customer of record and that SiteOz
Customer’s end users.
1.2. This
Acceptable Use Policy is used in conjunction with the terms of service (TOS).
Violating any of these policies and agreements grants SiteOz the
authority to take action to restrict or terminate your access to SiteOz
Services. SiteOz reserves the right, at its sole discretion, to update
or revise this policy, any other policy or statement on any SiteOz Web
site, and any product offerings or programs described on any SiteOz Web
site. Please check back periodically to review any changes to this
policy.
1.3. Any
violation of the AUP may result in the suspension or termination of your
account or such other action, as SiteOz deems appropriate. No credits
will be issued for any interruption in service resulting from violations
of the AUP.
1.4. VIOLATION OF
ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM
SITEOZ.
1.5. Any
questions or comments regarding the AUP should be directed to SiteOz by
e-mail to the following e-mail address
support@siteoz.com, for issues
concerning the AUP.
2. General Prohibitions.
You may not use this site or SiteOz's Services for any purpose that is
unlawful or in any manner that could damage, disable, overburden or
impair the operation of this site, the SiteOz Network, or SiteOz's
Services, or any other part's use or enjoyment of this site, the SiteOz
Network, or SiteOz's Services.
2.1. Adult Content
Prohibited.
- 2.1.1.
Adult-oriented sites demand special system, network, and bandwidth
requirements. SiteOz does not accommodate those extraordinarily
large requirements in its web hosting plans. Therefore you may not
use SiteOz's services for adult-oriented and pornography sites. This
includes sites that may include sexual content, or links to adult
content elsewhere.
- 2.1.2. Where
allowed by applicable law, SiteOz does not prohibit you from posting
a static Web page that meets all of the following criteria:
- the page merely
advertises an adult service and provides information about how
to contact the service offline, i.e., by telephone, facsimile,
or postal mail and not via a link from a Web site that uses
SiteOz's services;
- the page does
not display any sexually explicit content and does not link to
any Web page or site displaying any sexually explicit content;
and
- the page does
not require a user to log in with a username or password to
access any of the Web site's content..
- 2.1.3. In
some jurisdictions, even the notice and advertisement of
adult-oriented services may be illegal. It is your sole
responsibility to learn the laws that govern what you are and are
not allowed to post on your Web site. As part of your agreement with
SiteOz, you must comply with all such applicable laws.
However, SiteOz cannot and does not advise you or make any
recommendations to you about the existence of any such laws in a
particular jurisdiction. Nor does SiteOz advise you about how to
comply with any such laws. Furthermore, laws vary throughout the
United States of America and all over the world, so you should
contact your legal advisor for more information and specific
recommendations concerning the kinds of online materials that are
legal in your region.
- 2.1.4. If you
use SiteOz's service to publish any content that any applicable law
deems “harmful,” “inappropriate,” or “unsuitable” for minors
(persons under 18 years of age), then you must provide appropriate
protection to prevent minors from accessing that content. Such
protection is your sole responsibility because SiteOz does not
censor the content of your Web sites and pages.
- 2.1.5. You
may not use SiteOz's services to sell or solicit sales for any of
the following items, products or services because they are or may be
illegal in one or more jurisdictions where SiteOz's services are
offered, or where they can be viewed through SiteOz's services:
- Online
pornography or adult content for which a viewer must subscribe
to access it,
- Adult
content-related products or services (including X-rated videos,
pictures, etc. especially of individuals under 18 years of age),
and
- Obscene
materials, as defined by law.
If we find any of your
sites (or any of the sites of your customers, if you have a reseller
account) to be selling any of the prohibited products or services,
the offending accounts shall be subject to immediate account
termination.
3. Compliance with
Law.
Customer shall not use SiteOz's Service or any other service or network
to post, upload, transmit, retransmit, store, distribute or facilitate
the distribution of any content, including without limitation text,
communications, software, images, sounds, data, or other information
that, in SiteOz's sole discretion:
- 3.1.
violates, attempts to violate, or helps any third party to violate
any local, state, federal, international, or non-United States law,
ordinance, or regulation,
- 3.2. is
threatening, obscene, indecent, pornographic, abusive, harassing,
libelous, defamatory, deceptive, fraudulent, invasive of another's
privacy, tortious, inaccurate, or that otherwise could adversely
affect any individual, group or entity (collectively, “Persons”),
- 3.3.
threatens or encourages bodily harm or destruction of property,
- 3.4. harms
any person,
- 3.5.
victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, sex, sexual
orientation, race, ethnicity, national origin, immigration status,
age, disability, or any other reason,
- 3.6. is
posted in violation of a newsgroup charter,
- 3.7. contains
viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer,
- 3.8. violates
any terms or conditions of any other network access provider or
Internet service provider,
- 3.9. violates
the rights of any person, including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws
or regulations including, but not limited to, the installation or
distribution of “pirated” information content or data or other
software products that are not appropriately licensed for use by
Customer. Customer shall be responsible for determining what laws or
regulations are applicable to its use of the Services and Products,
- 3.10. adds,
removes, or modifies identifying network header information in an
effort to deceive or mislead any person. Additionally, attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. However, the use of anonymous remailers
or nicknames does not by itself constitute impersonation, unless
such use is made with the intent to deceive, defraud, or mislead any
person or to violate any applicable laws or regulations,
- 3.11.
collects, attempts to collect, or helps any third party to collect
personal information about third parties without their knowledge or
consent or in a manner that violates applicable laws concerning
privacy,
- 3.12. has a
negative effect on SiteOz or its network (including, without
limitation, overloading servers on the SiteOz Network; causing
portions of the SiteOz Network to be blocked by other network
providers; generating unresolved third party complaints or
complaints which, in the discretion of SiteOz, impose an
unreasonable administrative burden on SiteOz; etc.), or
- 3.13.
violates the prohibition on any terrorist content and activities.
Terrorist Content Prohibited.
4. System and Network
Security.
Violations of system or network security are strictly prohibited, and
may result in criminal and civil liability as well as termination of
services from SiteOz. SiteOz investigates all incidents involving such
violations and will cooperate with law enforcement if a violation of the
criminal law is suspected.
You are responsible for any misuse of your account, even if a
friend, family member, guest, agent, or employee committed the
inappropriate activity while using your account. Therefore, you must
take steps to ensure that others do not gain unauthorized access to your
account. In addition, you may not use your account to breach the
security of another SiteOz account or attempt to gain unauthorized
access to another network or server.
Examples of system or network security violations include, without
limitation, the following:
- 4.1.
Introduction into the network or server of any malicious program
(examples: viruses, worms, Trojan Horses, logic bombs, and other
executables intended to inflict harm).
- 4.2.
Introduction into the network or server of any self-extracting file
or program containing any malicious program as specified in Section
4.1 of this AUP.
- 4.3.
Introduction into the network or server of any data, parameter,
configuration, template, or control files for software applications
that contain destructive macros or other malicious code.
- 4.4.
Introduction into the network or server of any encrypted or
compressed file or archive such as .zip or .gz files that contains
any malicious program as specified in paragraphs 4.1 through 4.3 of
this AUP.
- 4.5.
Effecting security breaches or disruptions of Internet communication
and/or connectivity. Security breaches include, but are not limited
to, accessing data of which the Customer is not an intended
recipient, logging into a server or account that the Customer is not
expressly authorized to access, or exceeding the access to a server
or account that has been granted to the Customer. For purposes of
this section, "disruption" includes, but is not limited to port
scans, flood pings, email-bombing, packet spoofing, IP spoofing, and
forged routing information.
- 4.6.
Executing any form of network activity that will intercept data not
intended for the Customer.
- 4.7.
Circumventing user authentication or security of any host, network
or account.
- 4.8.
Interfering with or denying service to any user other than users of
the Customer's host (examples: denial of service attack or
distributed denial of service attack).
- 4.9. Using
any program script/command, or sending messages of any kind such as
a punter, designed to interfere with or to disable, a user's
terminal session, via any means, locally or via the Internet.
- 4.10.
Attempting to use or gain unauthorized access to data, accounts,
hosts, servers, systems or networks of this site, or to probe, scan
or test the vulnerability of a system or network of this site, any
SiteOz Services or those of any other party.
- 4.11.
Interfering with service to any user, host or network including,
without limitation, mail-bombing, flooding, or attempting to
overload the system.
- 4.12. Forging
any TCP-IP packet header or any part of the header information in an
e-mail or a newsgroup posting.
- 4.13.
Falsifying address information or otherwise modifying e-mail headers
to conceal the sender's or the recipient's identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet
etiquette (Netiquette). The Customer shall comply with the rules
appropriate to any network to which SiteOz may provide access. The
Customer should not post, transmit, or permit Internet access to
information the Customer desires to keep confidential. The Customer
shall not post any material that is illegal, is libelous, is otherwise
torturous, indecently depicts children, or is likely to result in
retaliation against SiteOz by offended users. SiteOz reserves the right
to refuse or terminate service at any time for violation of this
section. This includes, but is not limited to, advertising services or
sites via Internet Relay Chat (IRC) or USENET in clear violation of the
policies of the IRC channel or USENET group.
6. Child Pornography.
SiteOz will cooperate fully with any criminal investigation into a
Customer's violation of the Child Protection Act of 1984 concerning
child pornography, or any other applicable international, federal,
state, or local law that prohibits child pornography. Customers are
ultimately responsible for the actions of their clients over SiteOz
network, and shall be liable for illegal material posted by their
clients.
According to the Child Protection Act, child pornography includes
photographs, films, video, or any other type of visual presentation that
shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for
a sexual purpose, of a sexual organ or the anal region of a person under
the age of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a person
under the age of eighteen years.
7. Zero Tolerance for
Spam.
SiteOz will not tolerate any spamming by any of its Customers. This
prohibition of spam extends to the sending of unsolicited mass mailings
from another service, which in any way implicates the use of SiteOz's
services whether or not the message actually originated from our
network.
Violation of this NO-SPAM policy will result in SiteOz taking one or
more of the following actions:
- A warning via e-mail
or telephone,
- Suspension of your
site until further notice,
- Removal of DNS for
the advertised/originating site, or
- Temporarily blocking
outgoing mail from your site.
- Repeated violation
of this NO-SPAM policy will result in immediate disconnection of
service with no re-activation.
- SiteOz reserves the
right to take all legal and technical steps available to prevent
unsolicited bulk e-mail or other unauthorized e-mail from being sent
from or transmitted through the SiteOz Network.
- PLEASE NOTE: The
transmission of spam, including the transmission of counterfeit
e-mail, may result in civil and criminal penalties against the
sender, under various federal, state, and local laws and
regulations, including the federal CAN-SPAM Act of 2003.
8. Resource Usage.
You agree to not use excessive amounts of resources. Any violations may
result in us taking corrective action in order maintain server stability
by killing any processes, disabling and/or suspending your account.
FREE PLANS may not run more than 25 simultaneous processes, run
processes that require more than 20 megs of memory, or runs for longer
than 15 CPU seconds.
PREMIUM PLAN may not run more than 40 simultaneous processes, run
processes that require more than 40 megs of memory, or runs for longer
than 30 CPU seconds.
SiteOz reserves the right to make adjustments to these limits at our
sole discretion. If SiteOz takes corrective action Customer shall not be
entitled to a refund of any fees paid in advanced.
9. No Editing,
Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any SiteOz service
is not edited, censored, or otherwise controlled by SiteOz. However,
SiteOz reserves the right to monitor content on this site and on any
SiteOz servers, networks, or systems and to remove content, disable
sites, or suspend or terminate services if SiteOz, in its sole
discretion, determines such content or user practices are harmful,
offensive, or otherwise in violation of this Acceptable Use Policy.
10. IP Allocation.
SiteOz administers an Internet network on which multiple Customer
servers reside. Customers shall NOT use Internet protocol (IP) addresses
that were not assigned to them by SiteOz staff or network
administrators.
11. Suspension and
Cancellation.
SiteOz reserves the right to suspend service to any Customer or who is
using our network or services for violation of the AUP or the TOS.
SiteOz will use reasonable care in notifying the Customer and in
resolving the problem in a method resulting in the least amount of
service interference as reasonably possible. SiteOz reserves the right
to terminate service without notice for continued and repeated
violations of the AUP and the TOS.
If you have any queries
regarding the TOS or AUP, please contact us on
support@siteoz.com
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